The High Court of Judicature at Allahabad dismissed the writ petition seeking arrears of salary as the impugned order by the authority was not challenged, resulting in the petition being consigned to records with liberty to apply afresh.
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Neutral Citation No. - 2023:AHC:232234
Court No. - 34
Case :- WRIT - A No. - 19390 of 2023
Petitioner :- Saroj Mishra Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Satya Prakash Pandey Counsel for Respondent :- C.S.C.
Hon'ble Ajit Kumar,J.
Learned counsel for the petitioner has approached this Court for a writ of mandamus seeking a direction for the authority to provide arrears of salary, bonus, allowances and additional pay etc.
Learned counsel for the petitioner submits that earlier he had approached this Court by means of Writ - A No.- 71448 of 2010, which was disposed of on 13th March, 2023 with a direction to the authority to look into the grievance of petitioner and decide the same.
It appears that after that a decision has been taken by the authority on 12th June, 2023 but the petitioner seems to be not aggrieved by that order, however, it is submitted that denial of additional arrears of salary from 1st January, 2006 to 27th November, 2010 under the order passed by the authority dated 24th May, 2023 is wholly illegal.
Learned Standing Counsel has raised a preliminary objection as to the maintainability of the writ petition without there being any challenge to such order.
In view of the above, since order impugned has not been challenged, I do not find any justifiable reasons to grant indulgence in the matter.
However, liberty rests with the petitioner to apply afresh seeking challenge to the order, if so advised.
Subject to the aforesaid liberty, writ petition is consigned to records.
Order Date :- 7.12.2023 Atmesh
Digitally signed by :- ATMESH KESARI High Court of Judicature at Allahabad
1 issue framed by the court
Whether the writ petition is maintainable without a direct challenge to the specific order denying arrears of salary.
Saroj Mishra
State Of U.P.
Ajit Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
